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D.
15.
Ensure the existence of adequate and effective judicial remedies
accessible to persons under pretrial detention, enabling them to
secure judicial protection of rights affected when pretrial detention is
unlawfully or arbitrarily applied or extended.
16.
Ensure in the law that detained persons acquitted by a judicial decision
at the first instance are released immediately, without prejudice to the
continuation of the proceedings.
17.
Establish, by a provision in the criminal code, that the time that a
person has spent in pretrial detention shall be counted as time served
and discounted from the sentence he or she receives.
18.
Ensure the reparation of the damage caused by the application of
pretrial detention that is unlawful, arbitrary or in violation of other
human rights established in binding treaties to which the State is party.
This reparation should be integral and take into account the standards
set forth by the Inter-American System on the restitution of damages
caused by human rights violations. Merely releasing the person from
pretrial detention is not by itself a form of full reparation of the
damage caused by the improper application of pretrial detention.
19.
Pretrial detention in the case of minors must be the exception and
used only as a last resort.
Detention conditions
1.
Establish effective systems to ensure that pretrial detainees are
segregated from convicted persons, and create systems for classifying
prisoners by sex, age, reason for detention, special needs and the kind
of treatment they should receive.
2.
Under no circumstances shall the separation of inmates based on
categories be used to justify discrimination, the use of torture, cruel,
inhuman, or degrading treatment or punishment, or the imposition
of harsher or less adequate conditions on a particular group. The
same criteria shall be observed during transfers of persons deprived
of liberty.
3.
Endow the prison system with the resources necessary to ensure that
pretrial detainees are effectively segregated from convicted inmates,
and ensure that the conditions under which persons awaiting or
standing trial are held are appropriate in accordance with the principle
of presumption of innocence and in keeping with the standards
established in the United Nations’ Standard Minimum Rules for the
Treatment of Prisoners.
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